(PS) Kuhnle v. The State of California, No. 2:2009cv03376 - Document 4 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 2/19/10 recommending that this action be dismissed without prejudice REFERRED to Judge Lawrence K. Karlton; written objections due within 14 days after being served with these F&R's. (Carlos, K)

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(PS) Kuhnle v. The State of California Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD KUHNLE, Plaintiff, 11 vs. 12 13 No. CIV S-09-3376 LKK KJM PS THE STATE OF CALIFORNIA, Defendant. 14 FINDINGS & RECOMMENDATIONS / 15 By order filed December 17, 2010, plaintiff's complaint was dismissed and thirty 16 17 days leave to file an amended complaint was granted. The thirty day period has now expired, 18 and plaintiff has not filed an amended complaint or otherwise responded to the court's order. IT IS HEREBY RECOMMENDED that this action be dismissed without 19 20 prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 21 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 23 days after being served with these findings and recommendations, plaintiff may file written 24 objections with the court. The document should be captioned “Objections to Magistrate Judge's 25 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 26 ///// 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: February 19, 2010. 4 5 kuhn3376.fta 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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